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Rosenheimer v. Tidal Constr. Co.

The 4-year limitation period on plaintiffs' tort claims arising out of the use of synthetic stucco in the construction of their home did not begin to run before issuance of the certificate of occupancy.

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Robert Rosenheimer and Victoria Soland the plaintiffs purchased a new home built by Tidal Construction Company Tidal. After discovering an alleged moisture problem with the synthetic stucco exterior of the house, the plaintiffs sued Tidal and Colormatch Exteriors, Inc., Colormatch the company that manufactured the synthetic stucco. The defendants moved for summary judgment, asserting that all of plaintiffs’ claims were barred by the statute of limitation. The trial court granted defendants’ motions, and this appeal ensued. For reasons that follow, we reverse.

To prevail on a motion for summary judgment, a defendant must demonstrate that there are no genuine issues of material facts and that the facts, viewed most favorably to the plaintiff, warrant judgment as a matter of law.1 “We review a grant of summary judgment de novo.”2

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